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Last Will
and Testament
Francis B.
Collins
Georgia
Wilcox County
I, Francis
B. Collins of the said State and County being of sound and disposing
mind and memory and having before me he uncertainly to life and the
certainly of death, do make this my last will and testament.
Item First
I have the
utmost confidence in my beloved wife, Maude V. Collins and we have
agreed between us that all the property belong to either of us shall go
to our children in accordance with this my will both the property owned
by me and that to which she has title her property to descend at her
death and to the end aforesaid she will make her own will in conformity
to me desires as expressed in this instrument and I hereby bequeath all
of my property of every character to my wife and children to be divided
equally between them as herein set forth but should my wife die before
the final division herein provided then her share in my estate shall be
equally divided among my other legatees.
Item Second
The greater
part of the property to be left at my death consists of certain life
insurances policies on my life which are payable as I recollect to my
wife and children. The amount of Such policies I wish to be collected by
my wife as my executrix and be a part of my estate and I authorize the
payment of Such policies by Such insurance companies to be made to my
wife Maude V. Collins. To this end I change the directions of the said
policies as to the beneficiaries.
Item Third
It is my
will and desire that my estate be kept together until my youngest child
becomes of age, and no child or legatee shall receive his or her share
of the estate until Said youngest child becomes of age unless my
executor shall decide in her discretion that is it advisable, and best
for all the legatees, that one or more be paid their share or part
thereof before such time; and in such event the executor shall pay to
any legatee such part of his or her share under this will as she may
deem advisable.
Item Fourth
It is my
will and desire that my executor, when my youngest child becomes of full
age, shall divide my estate equally between my wife and children share
and share alike, the division shall be made by my executor either in
kind, or by sale and distribution, and if the division be in kind or
partly so my executor shall make the valuation and apportionment which
shall be final and conclusive.
Item Fifth
It is my
will and desire that the income of my estate be used by my executor for
the support and maintenance of my wife and children and the education of
my children until my estate is finally divided among the legatees,
provided they shall live together in the home circle, But should any
child marry or live away from the home circle, kept up or designated by
my executor, such child shall no longer participate in the support and
maintenance herein provided for free of charge if necessary my executor
for the purpose herein set forth may encroach upon the corfers of my
estate.
Item Sixth
It is my
will and desire that my children be educated out of my estate and my
executor is especially empowered to educate them, using for this purpose
the income from my estates but if the income is not sufficient then the
body of the estate shall be encroached upon as far as may be necessary,
even if the whole of it be required for this purpose, I desire each of
my children to receive a good general education, the extent of which
shall be left to the discretion of my executor, and if any of my
children show any special talent, or desire, for any special calling in
life, such child shall be given in addition to a general education,
which other special education as may fit such child or children for such
a calling or callings. I desire that Ruth and Francis Eloise be given a
good musical training the education of my children is to be a burden
upon my estate, and Shall not be charged (illegible word) & the
recipient thereof except special technical training, and upon which
special enhanced education shall not be charged unless my executor in
her discretion decides that such special charge ought-Any instance of
the other legatees to be made, but whether or not such charges is to be
made in whole or in part, shall be left to the discretion and good sense
of my executor and her discretion upon the question shall be final and
conclusive.
Item
Seventh
I appoint
my wife Maude V. Collins executrix of this will and I further appoint
her guardian both as to person and as to property, of our children,
Ruth, Rodger, Lawrence Barton, and Francis Eloise provided such
appointment shall be terminated upon the marriage of my wife in other
words her marriage at any time shall at once revoke both the Letters
testamentary and the letters of guardianship she shall not be required
to give any bond either as guardian or as executrix, but she shall make
an inventory of my estate as executrix and shall make returns annually
to the Ordinary of her actings and doings as executrix; other than as
herein provided she shall not make inventories or returns . She shall
have full authority to make such sales of any of my property as she may
deem advisable for any purpose, such sales may be either public or
private, where for cash or for credit in her discretion; and she shall
be required to procure any order of Court authorizing or approving such
sales; and any deed or contract made by her concerning my estate whether
in her own name or as executrix, or as guardian shall be binding on my
estate. She shall have full power and authority without the sanction of
the ordinary or of any other court to make such investments of the money
belonging to my estate as she may deem best and at any time she may sell
such investments and reinvest the money the money in her own discretion.
She shall have full power and authority without the sanction of any
court to compensate and settle any claim of any character, either for or
against my estate, To sum up, it is my will and desire that my beloved
wife make use of all the property of my estate as freely and as fully as
I could do for the purpose herein expressed without (illegible word)
hindrance from any source and without the direction or supervision of
any court whatever, having the fullest confidence that she will in all
things act for the best interests of my said estate and that she will
carry out completely my wishes expressed in the will provided she shall
make an inventory of my and make yearly returns as herein provided. I
have the utmost confidence in the business sagacity, prudence and
integrity of my Friend A.I Webb and Hal Lawson; and it is my wish and
desire that in all matters of importance my executrix consult and advise
with said A. I Webb and Hal Lawson (one or both) and that she be guided
by their judgment and advice. I do not require that she be so guided but
I trust that she will act upon their advice and good judgment. She shall
pay them reasonable compensation for whatever services they may render
her.
Item Eighth
If my
executrix herein named should die or marry before the final division of
my estate under this will or if for any cause there should be a vacancy
in the office of executor of this will and guardian of my children
giving them the same power and authority as is herein given my executrix
whom they are & succeed provided they sole give bonds as executor of my
estate and make an inventory of the estate that comes into their hands
and make yearly reports of the acts to the ordinary. The amount of their
compensation shall be the usual compensation fixed by law for
administrators and where there is no special provision made for
compensation the ordinary shall fix the same, I desire to give them full
and unlimited powers as guardians and as executors provided however that
they give bond and make inventory and returns as herein provided they
having suggested such restrictions.
The
foregoing pages number from 1 to 4 inclusive each page of which I have
identified by my signature on the margin, thereof contain my last will
land testament.
Francis B.
Collins
Signed
declared and published by Francis B. Collins as his last will and
testament in the presents of us the subscribers who subscribe our names
hereto in the presence of said testator (at his instance and request)
and of each other he signing in our presence and we signing in his
presence.
This 3rd
day of March, 1903
W.A. Little
(Mrs.) T.R.
Moye
T.R. Moye
Georgia
Wilcox County
I Maude V.
Collins do Solemnly Swear that this writing contains the last will and
testament of the within named Francis Barton Collins deceased as far as
I know or believe and that I will well and truly execute the same in
accordance with the Laws of this state So help me God.
Maude V.
Collins
Sworn to
and Subscribed before me
This 6th
day of July 1903
J.M. Warren
Ordinary
Georgia
Wilcox County
To the
Honorable Ordinary of Said County
The
petition of Maude V. Collins respectfully shows
1. On the 7th
day of May 1903 Francis Barton Collins, late of Said County departed
this life after having made and published a last will and testament of
which he nominated your petitioner executrix.
2.
Petitioner shows that the heirs at law of said deceased are five in
number to which your petitioner Maude V. Collins widow of said deceased
and Ruth Collins, Rodgers Collins, Lawrence Barton Collins and Francis
Eloise Collins children of said deceased all of whom are minors.
3.
Petitioner produces said will in court and pray that it may be proven in
Solemn form. To that end she prays that the heirs at law of said
deceased are Ruth Collins, Rodgers Collins, Lawrence Barton Collins and
Francis Eloise Collins, all of said County be cited to appear at the
next term of the Court of Ordinary of said County, to be held on the
first Monday in July next and who cause if any exist why said will
should not be proven in solemn form and admitted to record as the last
wil land testament of said deceased and that letters testamentary and of
guardianship show to petitioner in terms of the law.
Maude V.
Collins
Petitioner
Upon
reading and considering the foregoing petition, it is ordered that Ruth
Collins, Rodgers Collins, Lawrence Barton Collins and Francis Eloise
Collins appear before the court of Ordinary to be held for Said County
on the first Monday in July 1903. Then and there to show cause if any
exist why the paper offered for probate by petitioner Maude V. Collins
as the last will and testament of Francis Barton Collins, deceased
Should not be proven in solemn form and admitted to record as the last
will and testament of said Francis Barton Collins deceased, and it is
further ordered that said Ruth Collins, Rodgers Collins, Lawrence Barton
Collins, and Frances Eloise Collins be, each, served personally with a
copy of the within petition and this order at least ten days before the
next term of this court.
This 1st
day of June 1903
J.M. Warren
Ordinary
Georgia
Wilcox County
I have this
day served Ruth Collins, Rodgers Collins, Lawrence Barton Collins and
Frances Eloise Collin Minors, each personally with a true copy of the
foregoing and order, this 9th day of June 1903.
L. H. Glenn
Sheriff W.C.
Court of
Ordinary, Wilcox County Georgia. June Term 1903
It
appearing to the Court that Ruth Collins, Rodgers Collins, Lawrence
Barton Collins and Frances Eloise Collins are minors and that their
interests are involved in the foregoing petition for probate of the will
of Francis Barton Collins deceased; it is therefore ordered and adjudged
that J.D. Lawson Sr. and he is hereby appointed guardian ad litem for
the said minors, to look after the right of said minors in the said
petition for probate this 1st day of June 1903.
J.M. Warren
Ordinary
I accept
the appointment of guardian ad litem for Ruth Collins, Rodgers Collins,
Lawrence Barton Collins and Frances Eloise Collins n the above matter as
set forth in the foregoing order of appointment and I waive any other or
further copies, notices and services, this 1st day of June
1903.
J.D. Lawson
Court of
Ordinary of Wilcox County Georgia July term 1903
Upon the
hearing of the petition of Maude V. Collins for the probate in Solemn
form of the paper propounded by her as the last will and testament of
Francis Barton Collins, late of said County, deceased, and for its
admission to record as such, and it appearing that Ruth Collins, Rodgers
Collins, Lawrence Barton Collins and Frances Eloise Collins The heirs at
law (with Maude V. Collins) of said deceased have had legal notice of
said application and the time of hearing, and have failed to show any
legal and sufficient cause why said paper should not be prevent and
admitted to record as last will and testament of Said deceased. It is
therefore ordered and adjudged by this Court, the proper proof of said
will having been made by all the witnesses to the said will that the
same be (illegible word) as the last will and testament of said deceased
and be admitted to record and recorded. And it is further ordered that
letters testamentary issue. Said Maude V. Collins the executrix named in
said will after her taking the oath required by law and that letter of
testamentary guardianship do also issue to said Maude V. Collins upon
her taking the oath required by law this 6th day of July
1903.
J.M. Warren
Ordinary
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